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Toronto Transit Commission Transit Enforcement Unit Transit Enforcement Officer / Special Constable Complaints Procedure

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Toronto Transit Commission Transit Enforcement Unit Transit Enforcement Officer / Special Constable Complaints Procedure Toronto Transit Commission Transit Enforcement Unit Transit Enforcement Officer / Special Constable Complaints Procedure Unit Complaints Coordinator: Paul Manherz Chief of the Transit Enforcement Unit: TBD Created: October 11, 2017 Last Updated: N/A Contents Complaints Procedure for Transit Enforcement Officers 3 Schedule “A” – Transit Enforcement Officer Complaints Process 6 Schedule “B” - Complaints – Who and What 7 Who a Complaint or Concern Can be About 7 Who Can Submit a Complaint or Concern 8 Individuals Who Can Make a Complaint are Limited to the Following: 8 Schedule “C” - Submit a Complaint or Concern 9 Ways to Submit a Complaint or Concern 9 What Should Be Included in a Complaint 10 Signing the Form 10 Schedule “D” - Local Resolution 11 Schedule “E” – Screening Complaints 13 Keeping Participants Informed 14 Schedule “F” - Investigating a Complaint 15 Service Investigations 15 UCC Investigations 15 Investigation Timelines 15 Investigative Reports 15 Schedule “G” - Informal Resolution 16 Participation in Informal Resolution 16 Examples of Informal Resolutions 17 Schedule “H” - Outcomes 18 Making a Determination 18 Reasonable Grounds 18 Unsubstantiated Complaints 18 Substantiated Complaints 18 Schedule “I” - Withdrawing a Complaint 19 Schedule “J” - Trend Analysis / Early Intervention – Officer Conduct 20 Appendix 21 Code of Conduct 21 Transit Enforcement Officer Complaints Procedure Page 2 Complaints Procedure for Transit Enforcement Officers This procedure shall apply to any Complaint or Concern received by the TTC with respect to: (a) The conduct of a Transit Enforcement Officer, (b) Policies of, or services provided by, the Transit Enforcement Officer Program. The classification of all allegations of misconduct shall be made by Toronto Police Service (the “Service”). Complaints that are categorized as “major” will in most cases be investigated by the Service. The Service shall determine whether complaints that have been classified as “minor” will be investigated by the TTC or by the Service. For investigations undertaken by the Service, the policies and procedures of the Service shall apply. This procedure shall be subject to the requirements as set out in the Agreement between Toronto Police Services Board and the TTC, dated May 15, 2014. This policy shall only apply to Complaints and Concerns received by the TTC. 1. The following definitions shall apply to this Complaints Procedure: (a) “Agreement” shall mean the agreement entered into between the Toronto Police Services Board and TTC, dated May 15, 2014, setting out the requirements relating to the appointment or persons employed by the TTC as special constables in accordance with section 53 of the Police Services Act. (b) “Complaint” means an allegation from an individual intended to be processed accordingly through this Complaints Procedures. (c) “Complainant” is the person who has made a Complaint or Concern. (d) “Concern” means, information received by the Unit Complaints Coordinator about an issue that has not yet been recorded and/or received as a Complaint and is of a less serious nature. (e) “Respondent Officer” means the individual member of the TEU who is alleged to have been involved in misconduct. (f) “Schedules” means the following Schedules to this Complaints Procedure i. Schedule “A” – Transit Enforcement Officer Complaints Process ii. Schedule “B” – Complaints – Who and What iii. Schedule “C” – Submit a Complaint or Concern iv. Schedule “D” – Local Resolution v. Schedule “E” – Screening Complaints vi. Schedule “F” – Investigating a Complaint vii. Schedule “G” – Informal Resolution viii. Schedule “H” – Outcomes ix. Schedule “I” – Withdrawing a Complaint x. Schedule “J” – Trend Analysis – Officer Conduct (g) “Service” shall mean the Toronto Police Service. Transit Enforcement Officer Complaints Procedure Page 3 (h) “Transit Enforcement Officer” means a person employed by the TTC who is a “proper authority” within the meaning of TTC By-law No. 1 and who has been appointed by the Toronto Police Services Board, and approved by the Minister, as a special constable in accordance with section 53 of the Police Services Act. All Transit Enforcement Officers have Special Constable status as per the Agreement. (i) “TTC” shall mean the Toronto Transit Commission. (j) “TTC Transit Enforcement Officer Program” means the program established by the TTC to: (a) ensure compliance with the terms of the Agreement, (b) govern the appointment process of a Transit Enforcement Officer, and (c) monitor the on-going conduct of Transit Enforcement Officers. (k) “Unit Complaints Coordinator” or “UCC” is a designated Complaint Coordinator employed by the Toronto Transit Commission, independent of the Transit Enforcement Unit (“TEU”), who has been trained by the Toronto Police Service’s Professional Standards Unit. (l) “Transit Enforcement Unit” or “TEU” is the branch of the TTC that employs both Transit Enforcement Officers and Transit Fare Inspectors and is responsible for the enforcement of TTC By-law No.1 and various federal and provincial statutes. 2. All Complaints and Concerns that are received by the TTC shall be managed by the UCC in accordance with this Complaints Procedure. 3. Every Complaint or Concern received by the UCC shall be processed according to the steps as outlined in Schedule A until the matter is resolved. This includes possible resolutions (as applicable) at various stages including Local and Informal Resolutions as outlined in Schedules D and G respectively. 4. All Complaints involving the conduct of a Transit Enforcement Officer shall be forwarded to the UCC. 5. All Complaints and Concerns received by the UCC will be categorized into alleged breaches of the TEU Code of Conduct as outlined in Schedule B. 6. An individual may file a Complaint or Concern to the TTC by utilizing the methods as outlined in Schedule C. 7. Every Complaint received will be screened (if applicable) according to the procedures as outlined in Schedule E. 8. Every Complaint that is assigned to the UCC for investigation shall be managed as outlined in Schedule F. 9. When it becomes known that a Transit Enforcement Officer is the subject of a Complaint, he or she, shall be notified, forthwith, of the fact that he/she is the subject of a Complaint, unless such notification would jeopardize an investigation. 10. Complaint investigations must be conducted in a thorough, fair and impartial manner and Transit Enforcement Officer Complaints Procedure Page 4 be expeditiously resolved. Complaints shall be investigated on the merit and substance of the evidence and shall not involve inquiry into the background of the Complainant for the sole purpose of undermining the credibility of the Complainant. 11. At any time, whether before, during or after completion of the UCC’s investigation of a Complaint, or before the making of any findings on the Complaint investigation, the Toronto Police Services Board may, in its sole discretion, request the Service to undertake an investigation of the Complaint. If the Toronto Police Services Board requests an investigation by the Service, the Complainant shall be immediately notified. 12. In addition to any findings of misconduct following a Complaint investigation, the TTC shall immediately forward to the Service, for the Service's review and action, any information the TTC receives or has in its possession concerning misconduct or alleged misconduct, including a breach of any provision of the Agreement whether allegedly committed before or after the date of his or her appointment as a Transit Enforcement Officer, occurring up to one year prior to the date of his or appointment as a Transit Enforcement Officer pursuant to the Agreement and from the date of execution of the Agreement forward, which has not resulted in a Complaints investigation by either the Service or the TTC. 13. Findings for Complaint investigations will be made as outlined in Schedule H. 14. The Complainant shall be kept advised of the outcome of the investigation of the Complaint as outlined in Schedule H. 15. In cases in which the TTC investigated a Complaint, or was to investigate a Complaint, a Complainant may after the TTC has completed its investigation, or should have completed its investigation based on the timelines set out in this policy, request a review of whether the TTC properly followed this Complaints Procedure. Any such request for a review shall be made to Ombudsman Toronto (www.ombudstoronto.ca). 16. If at any point in time a Complainant wishes to withdraw their Complaint after it has been submitted, the procedures to be followed are outlined in Schedule I. 17. The UCC shall conduct regular reviews of Complaints and Concerns to identify possible trends and for the purposes of early intervention as outlined in Schedule J. 18. Appropriate penalties and/or discipline shall be the responsibility of the Chief of the TEU. 19. A document prepared in the course of the UCC’s duties under this Complaints Procedure, including any document prepared by a member of a police service, or an investigator performing duties at the direction of the UCC is considered confidential and shall not be used for any other purpose without written consent of the UCC. Transit Enforcement Officer Complaints Procedure Page 5 Schedule “A” – Transit Enforcement Officer Complaints Process Concern This diagram Local illustrates what Resolution happens, and when, in this Complaints Unsuccessful Successful - Closed Procedure, for Transit Complaint Enforcement Received Officers. Each Complaint is
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